Howorth v. Scarce

Suit by Scarce, as assignee of a promissory note, against Howorth, the maker. There was an answer in two paragraphs, alleging a failure of consideration. Reply, denying the answer. A trial resulted in a finding for the plaintiff. The defendant moved in arrest, which was overruled, and judgment on the finding. Howorth appeals to this court.

The complaint contains no direct averment that the note “ remains unpaid,” which, the appellant claims, renders it fatally defective, and that the motion in arrest should therefore have been sustained. A good complaint on contract must contain the proper…